HR257: HR257 House Special Committee on Oversight of Federal Funds; create

25 LC 44 2999 House Resolution 257 By: Representatives Hugley of the 141 st, Park of the 107 th, Miller of the 62 nd, Frye of the 122nd, Alexander of the 66th, and others A RESOLUTION Creating and authorizing the House Special Committee on Oversig ht of Federal Funds; to1 provide for the issuance of compulsory process to secure the attendance of witnesses or the2 production of documents and materials; and for other purposes.3 WHEREAS, the use of federal funds as well as compliance with federally required auditing4 procedures merits close scrutiny and oversight; and5 WHEREAS, it is important to collect information from other bran ches of government,6 including subpoena and compelled testimony, relating to the use of federal funds and7 auditing procedures; and8 WHEREAS, a complete list of all federal funds received by the state, including the amount,9 purpose, source, recipients of such funds, criteria for distribution of such funds, and funds10 not expended and the reasons why, should be compiled and should include:11 (1) A copy of the initial Notice of Grant Award from the federal government to this state12 for the prior three years;13 (2) A list of accounts and project ledger names for the recording of expenditures by project14 detail, the identity of the accounting system used to track costs, and a list of reports used15 to track costs by project;16 H. R. 257 - 1 - 25 LC 44 2999 (3) The most recent copy of financial statements, balance sheet of funds, income received17 for funds, and any and all balance sheets related to funds; and18 (4) Budget comparisons with actual expenditures on a monthly basis precluding drawdown19 of federal funds in excess of total funds authorized on the Not ice of Grant Award, total20 funds available for any cost category, either restricted or non restricted, on the Notice of21 Grant Award; and22 WHEREAS, reports on the progress of programs funded with federa l dollars, including23 performance data and outcome measures, should be issued on a regular basis, to include:24 (1) A listing of accounting entries with evidence to support t he entry. A listing of25 personnel and their responsibilities for receipt, payment, dist ribution, and recording of26 federal funds;27 (2) A listing of all established tracking expenditure policies and procedures against budget28 or the funding amounts. If tracked, provide documentation to suffice for the monitoring29 of tracked funds received and distributed; and30 (3) A list of personnel responsible for tracking and monitoring federal funds and projects,31 including dollar amounts; and32 WHEREAS, a complete list of all relevant federal guidelines, re gulations, and funding33 agreements, as well as any waivers or exemptions granted from federal requirements, would34 be of great value; and35 WHEREAS, information on any audits or evaluations conducted on the use of federal funds,36 including findings and recommendations, and information on any instances of misuse or37 misappropriation of federal funds, including any investigations and corrective actions taken,38 should be made available; and39 H. R. 257 - 2 - 25 LC 44 2999 WHEREAS, the General Assembly, of which the House of Representatives is a part, has "the40 power to make all laws not inconsistent with this Constitution, and not repugnant to the41 Constitution of the United States, which it shall deem necessary and proper for the welfare42 of the state" according to Article III, Section VI, Paragraph I of the Georgia Constitution; and43 WHEREAS, the Georgia Supreme Court, in Dean v. Bolton , 235 Ga. 544, held that44 constitutional separation of powers does not prohibit the legislative branch from investigating45 the official conduct of any person performing duties in any branch of the government; and46 WHEREAS, the House of Representatives has the inherent power and authority to conduct47 investigations into any matter relevant to the administration of existing laws, proposals for48 new or amended laws, the expenditure of public funds, the condu ct of public officers who49 discharge powers and duties under state law, and any other matter germane to its role as part50 of the legislative branch of state government; and51 52 WHEREAS, such inherent powers also include the authority to create special committees for53 the purpose of conducting investigations and to endow such committees with all the inherent54 powers of investigation possessed by the House of Representatives, including the power to55 compel the appearance and testimony of witnesses and the produc tion of records and the56 power to place witnesses under oath or affirmation; and57 WHEREAS, in addition to such inherent powers, Code Sections 45- 15-17 and 45-15-1958 empower the General Assembly to make investigations into the affairs of the state and further59 authorize compelling the appearance and testimony of witnesses and the production of60 records and grants, the power to place witnesses under oath or affirmation, and the61 enforcement of subpoenas issued pursuant thereto; and62 H. R. 257 - 3 - 25 LC 44 2999 WHEREAS, Article III, Section IV, Paragraph IV of the Georgia Constitution provides for63 the creation of interim committees pursuant to the authority of the General Assembly or of64 either house.65 NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:66 (1) Delegation of authority and creation and authorization of the h ouse special67 committee. The House of Representatives hereby delegates its powers to the House68 Special Committee on Oversight of Federal Funds, which is created and authorized.69 (2) Members and officers. The committee shall be composed of nine members to be70 appointed as follows:71 (A) A chairperson who shall be a member of the House of Representatives appointed72 by the Speaker of the House of Representatives;73 (B) Four members of the House of Representatives appointed by the House Majority74 Leader; and75 (C) Four members of the House of Representatives appointed by the House Minority76 Leader.77 (3) Powers and duties. The committee is hereby authorized to undertake a legislative78 investigation into the issues mentioned above or related theret o. For the purpose of79 conducting any investigation as provided herein, the committee shall have the power to80 administer oaths; to call any party to testify under oath at such investigations; to require81 the attendance of witnesses and the production of books, records, and papers; and to take82 the depositions of witnesses. For such purposes, the committee is authorized to issue83 subpoenas for any witness or to compel the production of any books, records, or papers84 and is further authorized to undertake such actions as may be necessary to enforce such85 subpoenas in cases of refusal to obey. The committee may establish rules of operation;86 provided, however, the committee may not establish rules that authorize one member to87 issue subpoenas without the consent of the committee as demonstrated by a majority vote88 H. R. 257 - 4 - 25 LC 44 2999 at a meeting where a quorum is present or without the express, written consent of the89 chairperson of the committee.90 (4) Meetings. The chairperson shall call all meetings of the committee. The committee91 may conduct such meetings at such places and at such times as it may deem necessary or92 convenient, including at any time during the interim period occ urring following the93 House of Representatives adjourning sine die, to enable it to exercise fully and effectively94 its powers, perform its duties, and accomplish the objectives a nd purposes of this95 resolution.96 (5) Allowances and Funding.97 (A) The legislative members of the committee shall receive the allowances provided98 for in Code Section 28-1-8 of the Official Code of Georgia Annotated.99 (B) The allowances authorized by this resolution shall not be received by any member100 of the committee for more than five days unless additional days are authorized. Funds101 necessary to carry out the provisions of this resolution shall come from funds102 appropriated to the House of Representatives.103 (6) Report.104 (A) In the event the committee adopts any specific findings or recommendations that105 include suggestions for proposed legislation or changes in appr opriations, the106 chairperson shall file a report of the same, subject to subpara graph (C) of this107 paragraph.108 (B) In the event the committee adopts a report that does not i nclude suggestions for109 proposed legislation or changes in appropriations, the chairperson shall file the report,110 subject to subparagraph (C) of this paragraph.111 (C) No report shall be filed unless the same has been approved by majority vote of a112 quorum of the committee. A report so approved shall be signed by the chairperson of113 the committee and filed with the Clerk of the House of Representatives.114 H. R. 257 - 5 - 25 LC 44 2999 (D) In the absence of an approved report, the chairperson may file with the Clerk of the115 House of Representatives a copy of the minutes of the meetings of the committee in lieu116 thereof.117 (7) Abolishment. The committee shall stand abolished on December 15, 2026.118 H. R. 257 - 6 -